AHA urges the U.S. District Court for the District of Columbia to deny the Department of Health and Human Services request to modify a court order requiring it to completely eliminate the remaining 19,802 Medicare appeals backlogged at the Administration Law Judge level. HHS now contends that it cannot fully comply with the order, stating that it is unlikely that the backlog could be reduced completely to zero by the end of the fiscal year.
Amicus Briefs
The AHA weighs in on a number of issues of importance to hospitals and health systems, as well as the patients they care for, as they come before the court. Below are our most recent friend-of-the-court briefs.
Latest
The U.S. District Court for the District of Columbia should reject the Department of Health and Human Services request to devise on its own timeline a remedy for its 2018 and 2019 underpayments to 340B hospitals, with no limitations and no oversight by the court, AHA told the D.C. court today.
The AHA and Association of American Medical Colleges amicus brief in support of the federal governments motion for preliminary injunction for an Idaho law, which is slated to go into effect Aug. 25. At issue is whether the state law can coexist with the federal Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals to stabilize care for those in an emergency medical condition.
The AHA, 340B Health, Americas Essential Hospitals, Association of American Medical Colleges, and Childrens Hospital Association yesterday filed a friend-of-the-court brief urging the U.S. Courts of Appeals for the 3rd Circuit to require drug companies to fulfill their legal obligations to provide 340B discounted drugs to eligible hospitals and health systems, regardless of whether the drugs are dispensed on site or through contract pharmacies.
The AHA today joined the U.S. Chamber of Commerce and American Medical Association in urging the 6th Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings. 胼
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Over a decade ago, Congress recognized the possibility of a nationwide public health emergency much like COVID-19, and expressly provided certain protections for those on the front line of responding to it, in the PREP Act, the病riend-of-the-court brief (LINK)盎tates. 吐ather than leave the adjudication of disputes arising from a national emergency response to disparate state courts across the country, Congress established an exclusive federal remedial scheme and expressly preempted state law that might interfere with that scheme.
AHA, the U.S. Chamber of Commerce and the Association of American Medical Colleges in a病riend-of-the-court brief asks the U.S. District Court for the District of Massachusetts to dismiss a lawsuit alleging that Beth Israel Deaconess Medical Center violated its fiduciary duties by selecting a retirement plan with excessive fees or poorly performing investments.
The AHA, 340B Health, Americas Essential Hospitals, Association of American Medical Colleges, and Childrens Hospital Association yesterday urged the U.S. Courts of Appeals for the 3rd and District of Columbia Circuits to require drug companies to fulfill their legal obligations to provide 340B discounted drugs to eligible hospitals and health systems, regardless of whether the drugs are dispensed on site or through contract pharmacies.
The AHA, 340B Health, Americas Essential Hospitals, Association of American Medical Colleges, and Childrens Hospital Association yesterday urged the U.S. Courts of Appeals for the 3rd and District of Columbia Circuits to require drug companies to fulfill their legal obligations to provide 340B discounted drugs to eligible hospitals and health systems, regardless of whether the drugs are dispensed on site or through contract pharmacies.
The AHA urges the U.S. Supreme Court to reverse a 9th Circuit decision that impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commissions structure, procedures and existence.
The AHA and other hospital and health care organizations urge the full U.S. Court of Appeals for the 9th Circuit to rehear Wit v. United Behavioral Health.
The Chamber of Commerce of the United States of America (Chamber), 陳栠勛圖 (AHA), and the Association of American Medical Colleges (AAMC) respectfully move for leave to file a brief as amici curiae in the above-captioned case in support of Defendants motion to dismiss.
The AHA joins the U.S. Chamber of Commerce and American Medical Association in urging the 7th Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings. 胼純
The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 2nd Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceeding
Introduction
Defendants have persuasively explained why the Complaint fails to state a claim as a matter of law.
The AHA, joined by the Federation of American Hospitals, Michigan Health & Hospital Association, Kentucky Hospital Association, Ohio Hospital Association and Tennessee Hospital Association today urged the U.S. Supreme Court to review and rectify a 6th Circuit Court of Appeals decision that will vastly expand hospitals exposure to False Claims Act retaliation lawsuits, sometimes years after an employee has left their position.
Amicus Brief: NJ Hospital Association Re: Federal Trade Commission V. Hackensack Meridian Health, Inc. and Englewood Healthcare Foundation
INTRODUCTION
The FTCs approach to defining the relevant geographic market in this case conflicts with settled law and economic principles, as well as business reality.
Amici curiae are 37 non-profit state and regional hospital associations. They represent thousands of hospitals and health systems across the United States. Amici and their members are committed to improving the health of the communities they serve through the delivery of high-quality, efficient, and accessible health care. The 340B Program is essential to achieving this goal.
In 1990, Congress enacted the Medicaid Rebate Program, as part of the Omnibus Reconciliation Act of 1990 (Pub. L. No. 101-508).20. This law requires drug companies that choose to participate in Medicaid to give states, which administer Medicaid, discounts comparable to those given to other payers.
The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 5th Circuit Court of Appeals to void a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.